Drinking & Driving. What are the OWI penalties?

Apr 15, 2014

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In 2013, there were 40,549 OWI arrest in Wisconsin, according to the State Justice Department. If you have been arrested for an OWI, you are not alone and your life is going to be serious affected. Your consequences can include loss of your license, significant court fines, increased insurance rates, an expensive interlock device and incarceration.

In Wisconsin, the sentencing for OWIs is first based on the number of OWIs. The sentence can be increased based on the severity of the circumstances, including, but not limited to, having a minor in the vehicle, causing injury or death, time between offenses and willingness to cooperate with blood testing.

1st OWI Offense in Wisconsin

Wisconsin is the only state that treats first OWI offenses as a traffic violation instead of a criminal offense. However, if convicted, there are still long-lasting consequences. You will lose your driving privileges, be required to complete an Alcohol Or Drug Assessment (AODA) and possibly attend treatment, obtain expensive SR-22 insurance, and possibly need to install an ignition interlock device in all vehicles you own. A first drunk driving conviction will include a fine of $150 to $300 plus costs and a license revocation for 6 to 9 months. If your blood alcohol content level is higher than .15 you are also required to have the ignition interlock device in all vehicles titled in your name or that you drive for a period of one year. If there is a minor under the age of 16 in the vehicle, your offense is upgraded to a criminal charge. That changes the penalties to a jail sentence of 5 to 180 days, a fine of $350 to $1,100, and license revocation for 12 to 18 months.


2nd OWI Offense in Wisconsin

The state of Wisconsin divides 2nd OWI penalties into two separate categories. The first category is a 2nd OWI without a prior OWI in 10 years and no Great Bodily Harm due to Intoxication charge during your lifetime. The second category is a 2nd OWI with a prior OWI in 10 years or having Great Bodily Harm due to Intoxication charge during your lifetime.


2nd OWI without prior in 10 years and Bodily Harm

If you have a second OWI offense but your first OWI was more than 10 years ago and neither OWI involved great bodily harm by intoxication, you are facing up to 180 days jail. You are also facing a fine of $150 to $1,100 plus costs. Your license will be revoked for 6 to 18 months starting after you are released from jail. You will be required to have ignition interlock device in all vehicles owned by you or your spouse or that you drive for up to 18 months.

2nd OWI with prior in 10yrs or Bodily Harm

If you have a second OWI offense and your first was within the last 10 years, or either offense involved great bodily harm by intoxication, you are facing 5 to 365 days in jail. You are also looking at a fine of $350 to $2,200 plus costs. Your license will be revoked for 12 to 36 months starting after you are released from jail. Once you are able to receive your license again you will have the ignition interlock device for 12 to 36 months plus the length of your confinement. You are also not allowed to apply for an occupational driver’s license for 45 days.


3rd OWI Offense in Wisconsin

If you receive a 3rd OWI in your lifetime you will be facing 45 days to 2 years in jail. You are also looking at a fine of $600 to $4,000 plus costs. Your license will be revoked for 2 to 6 years starting after you are released from jail. Once you are able to receive your license again you will have the ignition interlock device for 2 to 6 years. You are also not allowed to apply for an occupational driver’s license for 45 days.


4th OWI Offense in Wisconsin

The state of Wisconsin divides 4th OWI penalties into two separate categories, depending on when your third OWI was committed. If your 4th offense was within 5 years of your 3rd offense, it is considered a felony.

4th OWI Offense more than 5 years after 3rd Offense

If you receive a 4th OWI with more than 5 years after your 3rd OWI offense you will be facing 60 days to 2 years of jail. You are also looking at a fine of $600 to $4,000 plus costs. Your license will be revoked for 2 years to 6 years starting after you are released from jail. Once you are able to receive your license again you will have the ignition interlock device for 1 to 6 years plus length of confinement. You are also not allowed to apply for an occupational driver’s license for 45 days.

4th OWI Offense within 5 years of 3rd Offense

If you receive a 4th OWI within 5 years of your 3rd OWI offense it is considered a felony charge and you will be facing jail time of 6 months to 12 years. You are also looking at a fine of $600 to $20,000. Your license will be revoked for 2 years to 6 years plus length of confinement. Once you are able to receive your license again you will have the ignition interlock for 1 to 6 years plus length of confinement. You are also not allowed to apply for an occupational driver’s license for 45 days.


5th OWI Offense and Above

If you receive a 5th OWI you will be facing jail of 6 months to 12 years and the length increases as the number of offenses increase all the way up to 25 years jail. You are also looking at a fine of $600 to 20,000 and the amount increases with each offense with a maximum of $50,000. Your license will be revoked for 2 years to 6 years plus length of confinement. Once you are able to receive your license again you will have the ignition interlock for 1 to 6 years plus length of confinement. You are also not allowed to apply for an occupational driver’s license for 45 days.


OWI Enhancers

Circumstances of your drunk driving charge can make the penalties greater. The state of Wisconsin calls these enhancers. A common enhancer is for refusing a blood test which in results in an increase in license revocation and amount of time before applying for an occupational license. Another enhancer is for causing injury during an OWI which can increases your OWI to a felony, even if it is a first OWI, with additional jail time up to 12 years. The enhancer with the most impact is homicide while intoxicated which has a jail time of up to 25 years.


What to do?

As you can see, the consequences of an OWI are severe and can greatly affect your life. Many of these penalties may prevent you from being able to do your current job or your ability to obtain your employment in the future. Due to the severity of the consequences this not something you should jump into without the assistance of an experienced attorney. Here at Pedersen Law Office we have free consultations in all our areas of practice, including criminal case. We can meet with you in either our Appleton area or our Green Bay office. Take advantage of our free overview of your circumstances to see if our office is right for you!




Category: Criminal

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